A controversy is brewing over whether or not the state of Texas should provide prisoners with free condoms.

One of the reasons this topic is coming into light is because Texas ranks No. 2 in the nation for the number of inmates diagnosed with AIDS.

Texas ranks third for number of prisoners with HIV.

About twenty ACT UP Austin members marched to the offices of the Texas Department of Criminal Justice.

They are group working to stop the spread of HIV and they think condoms in prisons will help.

“It's not just an issue that is contained behind bars people come out of the prisons they come back to our communities and bring with them anything they got in prison," said Ruth True of ACT UP.

The Centers for Disease Control and Prevention recently studied the high numbers of prisoners with HIV.

The CDC recommended states take a closer look at the risks in not providing protection.

"With the overwhelming rates of HIV in Texas prisons million of dollars could be saved by providing inmates with the tools to protect themselves," added True.

Officials with the Texas Department of Criminal Justice say they don't provide condoms because they have a zero tolerance for any type of sexual encounters in prison.  However they say they will look at the CDC recommendations and review its policies.

"AIDS... that's horrible if we can do anything to help I think condoms should be passed out," said Janice Hurst, Austin resident.

Currently there are about seven city jail systems in the country distributing condoms.

Canada started giving them out about ten years ago and so far they are reporting no problems with the program.